United States v. Riggs , 287 F.3d 221 ( 2002 )

United States Court of Appeals
For the First Circuit
No. 00-2460
UNITED STATES OF AMERICA,
Appellee,
v.
JAMES R. RIGGS, JR.,
Defendant, Appellant.
ERRATA SHEET
The opinion of this Court issued on April 24, 2002, is amended as
follows:
The final paragraph of the opinion should be replaced with the
following text:
As a result of the government's breach of the plea
agreement, exacerbated by defense counsel's performance, we
vacate the sentence and remand the case for further
proceedings. Whether specific performance or an opportunity
to withdraw the guilty plea is the appropriate remedy is a
matter to be considered in the district court. If specific
performance is ordered, we refer the court to our admonition
in previous cases that in these circumstances resentencing
ordinarily ought to be done by a different district judge.
See, e.g., United States v. Kurkculer, 918 F.2d 295, 298
(1st Cir. 1990) (citing Santobello v. New York, 404 U.S.
257, 263 (1971)).